US v. Manigan, No. 08-4292 - Criminal Law - U.S. Fourth Circuit
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US v. Manigan, No. 08-4292

District court's sentencing and conviction of defendant for drug related crimes is affirmed where: 1) an appellate waiver will not be enforced where a district court has advised a defendant that, contrary to the plea agreement, he is entitled to appeal his sentence, as the defendant can hardly be said to have knowingly waived his right of appeal; and 2) the district court did not err in increasing the offense level because the PSR recitation circumstantially supports the district court's application of a weapon enhancement and because defendant failed to show that it was clearly improbable for the handguns to be connected to the common scheme or plan surrounding his drug activities.  

Read US v. Manigan, No. 08-4292

Appellate Information

Argued: October 30, 2009

Decided: January 26, 2010

Judges

Opinion by Chief Judge  King

Counsel

For Appellant:  Joseph Bradley Bennett, Salvini & Bennet LLC

For Appellee:   William J. Watkins, Jr., Office of the United States Attorney